# C_2008307EN.01000801.xml

| 2.12.2008 | EN | Official Journal of the European Union | C 307/8 |
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2.12.2008

EN

Official Journal of the European Union

C 307/8

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Prior notification of a concentration

(Case COMP/M.5393 — Teijin Pharma/Laboratorios del Dr. Esteve/Oximeplus)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 307/08)

| 1. | On 24 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Teijin Pharma Limited (‘Teijin Pharma’, Japan) belonging to Teijin Limited (‘Teijin’, Japan) and Laboratorios del Dr. Esteve, S.A. (‘Esteve’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Oximeplus, S.A. (‘Oximeplus’, Spain), which is currently controlled by Esteve, by way of purchase of shares. |
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1.

On 24 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Teijin Pharma Limited (‘Teijin Pharma’, Japan) belonging to Teijin Limited (‘Teijin’, Japan) and Laboratorios del Dr. Esteve, S.A. (‘Esteve’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Oximeplus, S.A. (‘Oximeplus’, Spain), which is currently controlled by Esteve, by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for Teijin Pharma: solutions for both pharmaceuticals and home health care, |
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2.

The business activities of the undertakings concerned are:

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for Teijin Pharma: solutions for both pharmaceuticals and home health care,

| — | for Teijin: ultimate parent company of a group of approximately 160 companies whose main activity is the development and marketing of fibres, |
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for Teijin: ultimate parent company of a group of approximately 160 companies whose main activity is the development and marketing of fibres,

| — | for Esteve: manufacturing and marketing of pharmaceutical preparations and drugs intended for human and veterinary uses, |
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for Esteve: manufacturing and marketing of pharmaceutical preparations and drugs intended for human and veterinary uses,

| — | for Oximeplus: hospital and home oxygen therapy. |
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for Oximeplus: hospital and home oxygen therapy.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5393 — Teijin Pharma/Laboratorios del Dr. Esteve/Oximeplus, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5393 — Teijin Pharma/Laboratorios del Dr. Esteve/Oximeplus, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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